Maryna holds the BA, LLB, LLM degrees and is an Executive Consultant at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Property Law Update | Issue 14 – 2018

BUILDING PLANS: APPEAL TO REVIEW BOARD UNCONSTITUTIONAL

City of Johannesburg Metropolitan Municipality v Chairman of the National Building Regulations Review Board and Others (CCT186/17) [2018] ZACC 15 (7 June 2018)

In terms of the National Building Regulations and Building Standards Act, a municipality is charged with the duty to approve or reject building plan applications in its jurisdiction. Since the Constitution further grants municipalities autonomy with regards to building regulations and municipal planning, another or ‘higher’ arm of government cannot usurp these powers. The question which arose here was whether the Review Board, established in terms of the aforementioned Act and at national government level, could validly adjudicate appeals against decisions of the municipality to approve plans? The Constitutional Court held that insofar as the Review Board adjudicated on objections, the municipality’s powers was usurped, and the action unconstitutional. Going forward, the make-up of an appeals board will therefore have to be amended so as to retain the decision-making authority within the municipality.

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The Judgment
Summary of the Judgment

STBB’s STSMA REFERENCE GUIDE

In this, the fifty-sixth set of notes for your STSMA Reference Guide, Prescribed Conduct Rule 4 is discussed.

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Prescribed Conduct Rule 4
(N.B. Print in landscape)

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